Written answers

Tuesday, 20 October 2020

Department of Children and Youth Affairs

Mother and Baby Homes Inquiries

Photo of Brendan SmithBrendan Smith (Cavan-Monaghan, Fianna Fail)
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444. To ask the Minister for Children and Youth Affairs if he will have the issues raised in correspondence considered (details supplied); and if he will make a statement on the matter. [31054/20]

Photo of Roderic O'GormanRoderic O'Gorman (Dublin West, Green Party)
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The Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020 has been brought forward to ensure that we have the opportunity to preserve access to invaluable information relating to Mother and Baby Homes now and into the future. The legislation provides a legal basis for the transfer of specified databases and related records from the Commission to the Child and Family Agency (Tusla) and ensures that the records deposited with my Department are preserved in full.

Earlier this year, the Commission advised that it had created a database during the course of its work of persons who spent time in the main Mother and Baby Homes under investigation. However, the Commission did not feel it had a legal basis to transfer that database and would be compelled by law to redact the valuable information we are trying to now preserve. This Bill proposes to allow the database to be preserved and transferred to Tusla, as the Agency already holds most of the original records. It aims to prevent the information from effectively being destroyed, and legislates to allow access to that information under existing laws.

The immediate and urgent policy intent in drafting a Records Bill is to ensure the Commission's database, and related records, are preserved and available to support current and future tracing services. The Bill is currently making its way through the Houses and following debate in the Seanad, I will be bringing forward a number of amendments to the published Bill in response to a number of the issues which have emerged.

I am aware that interesting proposals have been developed in relation to the potential development of a national archive of institutional abuse at the former Seán McDermott Street Laundry. While this is a matter worthy of further discussion, I am mindful that it is a complex matter which extends beyond my own Department. It would require detailed consideration and extensive engagement, both with other Government colleagues and Departments, and with a large number of statutory bodies and stakeholder groups.

I am also conscious that the Government will wish to consider the final report of the Mother and Baby Homes Commission of Investigation prior to considering its overall response to issues of this nature.

I am absolutely committed to addressing the wider matter of providing a new architecture surrounding access to birth information and tracing; this will be advanced soon. I look forward to engaging widely to allow all those with a stake in this process to have their voice heard.

Photo of Kathleen FunchionKathleen Funchion (Carlow-Kilkenny, Sinn Fein)
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445. To ask the Minister for Children and Youth Affairs the plans under way for a collaborative forum for survivors of mother and baby homes. [31119/20]

Photo of Roderic O'GormanRoderic O'Gorman (Dublin West, Green Party)
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The Commission of Investigation into Mother and Baby Homes and certain related Matters is due to deliver its final report at the end of this month and I recognise the importance of consultation and dialogue with those who have lived experiences of these institutions. This statutory inquiry is investigating the lived experiences of mothers and children in these institutions and I am acutely aware that this is not simply an historical or legal matter, but that these experiences continue to impact the lives of many women, children and their families today.

I am committed to effective stakeholder engagement on all matters that impact former residents of these institutions. I am considering how best to facilitate that in the immediate term, in particular in light of current public health restrictions related to Covid-19.

The Collaborative Forum process, established by my predecessor as a representative body on these matters, was unfortunately interrupted by the general election and subsequent change in Government. In addition, it was necessary to put these meetings on hold in the context of the restrictions introduced in an effort to reduce the spread and impact of COVID-19. A number of members travel from outside the jurisdiction and, given the age profile involved, some members would also be categorised as being in the at risk groups identified by public health authorities.

From our experience to date, it is evident that remote meetings based on the use of technology would present additional challenges for an engagement process as sensitive as this one. However, I hope to make arrangements to engage with former residents and their advocates in the near future and my Department is examining how best this could be facilitated.

The Deputy may wish to note that a copy of the Collaborative Forum's report was provided by my Department to the Commission of Investigation for its appropriate attention and consideration in the context of its statutory investigations. When the Commission submits its final report in the coming weeks, the Government will be in a position to examine its findings and conclusions and engage with former residents and their advocates in formulating an appropriate State response. The significant work of the of the Collaborative Forum to identify the priority concerns of those most centrally involved will assist to inform this process. At that time it will also be possible to consider publication of the Forum's report subject to any further advices of the Attorney General.

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